Plain answers to the questions families ask us most about living trusts, wills, probate and trust administration in California. This page is general information, not legal advice for your situation.
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Frequently asked questions
What is a living trust?
A revocable living trust is a legal document that holds your property during your life and directs how it is managed and distributed when you become incapacitated or die. You usually serve as your own trustee and can change or cancel it at any time.
What is the difference between a will and a living trust?
A will takes effect only after death and generally goes through probate. A living trust takes effect when signed and funded, manages your property if you become incapacitated, and usually avoids probate for the property it holds.
Does a living trust avoid probate?
It avoids probate for property that is properly titled in the trust. Property left out may still require probate, which is why funding the trust and having a pour-over will both matter.
Do I need both a will and a trust?
Most California families with a trust also sign a pour-over will. The will catches anything not placed in the trust and is where you nominate guardians for minor children.
What is a pour-over will?
A will that sends any property you owned at death into your living trust. It is a safety net. Property passing under it may still go through probate unless the estate is small.
What is probate and why avoid it?
Probate is the court process that validates a will, pays debts and transfers property. In California it is public, often takes a year or more, and has statutory fees for the attorney and the executor.
How much does probate cost in California?
The attorney and the executor each receive a statutory fee based on the gross value of the probate estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, 0.5% of the next $15,000,000. On a $1,000,000 estate that is $23,000 each, before court costs and extraordinary fees.
What is the California small estate limit?
For people who died on or after April 1, 2025, the limit is $208,850 for the small estate affidavit, and a simplified process may be available for a primary residence up to $750,000. These amounts are adjusted every three years, and the property that passes outside probate is not counted.
Does California have an estate tax?
No. California has no state estate or inheritance tax. For 2026 the federal estate tax exemption is $15,000,000 per person.
Who should be my successor trustee?
Choose someone trustworthy, organized and able to handle money and paperwork, and name a backup. Many families choose a child, a trusted relative or a professional. The best choice depends on your family.
What does it mean to fund a trust?
Funding means transferring ownership of your property into the trust, for example by deeding your home to the trust and retitling bank and brokerage accounts. A trust only controls what is titled in its name.
Can I change or revoke my living trust?
Yes. A revocable living trust can be changed or revoked at any time while you are alive and have capacity.
What happens if I become incapacitated?
If you have a living trust, your successor trustee can manage the trust property. A durable power of attorney lets your agent handle other financial matters. An advance health care directive names who makes medical decisions. Without them, your family may need a court conservatorship.
Do I need an estate plan if I am not wealthy?
Yes, if you own a home, have minor children, or want to control who makes decisions for you. In Orange County, a single home may exceed the probate limit.
Who gets my property if I die without a will or trust?
California intestacy law decides. It favors a spouse and blood relatives in a fixed order and does not consider unmarried partners, stepchildren or friends.
What does a successor trustee have to do after a death?
Notify the beneficiaries and heirs (within 60 days in California), secure and inventory the property, get a tax ID for the trust, pay debts and taxes, keep records and distribute the property under the trust.
Can estate planning be done remotely?
Yes. We can handle the consultation, review and signing by Zoom and phone, with the required witnesses and notary arranged.
Do you serve clients in Texas?
Yes. Attorney Vinh Doan is licensed in both California and Texas.
Do you speak Vietnamese?
Yes. We serve clients in English and Vietnamese. Call (714) 332-9700 for Vietnamese or (888) 561-3988 for English.
How do I get started?
Call our office, send a message, or complete the online questionnaire. We then schedule a one-hour review appointment.
Talk to our office
Tell us about your family and we will recommend a plan.
Attorney: Vinh N. Doan, Attorney at Law. J.D., Florida State University; LL.M. in Taxation, University of Alabama; MSIM, Boston University. Licensed in California (State Bar No. 296718) and Texas.
Last updated: November 2026. Vinh Doan Law Office, APC, 10971 Garden Grove Blvd, Ste G, Garden Grove, CA 92843.
This page is general information, not legal advice. Laws change, and your situation is unique. No attorney-client relationship is formed until a signed engagement agreement is in place.